High Courts Weekly Roundup [July 5, 2021 - July 11, 2021]

Allahabad High Court Gareeb Nawaz Masjid Demolition: Allahabad HC Refuses To Quash FIR Against Mosque Committee Secretary Over 'The Wire' Report A Bench of Justice Ramesh Sinha and Justice Narendra Kumar Johari rejected the plea filed by Secretary of the Gareeb Nawaz Masjid Committee, Mohammad Anees and a local resident of Barabanki, Mohd. Naeem seeking quashing of the First Information Report (FIR) registered against them by the Uttar Pradesh Police. The FIR in question was registered against them & news portal, The Wire and its two journalists, who are associated with the Portal for their report on the alleged Gareeb Nawaz Mosque illegal demolition (Ramsanehighat, Barabanki) issue in Uttar Pradesh. The Court said that it would remain open for the petitioners to file a pre-arrest bail in the matter and that Court cannot quash the criminal proceedings. Alleged Conversion Racket- "Police Press Note Didn't Violate His Fundamental Right": Allahabad High Court Dismisses Umar Gautam Plea Against Media Trial A Bench of Justice Ramesh Sinha and Justice Vikas Srivastava dismissed a plea moved by Umar Gautam, who is accused of being part of a nationwide religious conversion racket, against the alleged leaking of sensitive/prejudicial information related to him by the Investigating Agency to the media vide a press note dated June 20, 2021. It opined that the said police communication did not violate the fundamental rights of the petitioner or provisions of any law. The Court specifically ruled that nothing had been brought on record, which indicated that the investigating agency had leaked any allegations pertaining to the petitioner to the media pending investigation or violated the norms as prescribed in the Office Memorandum dated 01.04.2010 issued by Ministry of Home Affairs, Government of India. "Sorry State Of Affairs & Police Atrocities": Allahabad HC Seeks DGP's Personal Affidavit On Alleged Attack On Ex-Army Man By UP Police Dealing with a plea filed by an ex-soldier of the Indian Army alleging that he was humiliated and brutally tortured by the Uttar Pradesh Police, the High Court, after taking into account the injury reports and FIR filed by him, observed: "...prima facie, (it) shows a very sorry state of affairs and police atrocities...It, prima facie, indicates a breach of fundamental rights of the petitioner guaranteed under Article 21 of the Constitution of India by the accused police officers/ police personnel." Stressing that the matter is serious and requires serious consideration of the Court, the Bench of Justice Surya Prakash Kesarwani and Justice Gautam Chowdhary directed the State DGP to file a counter affidavit by means of his personal affidavit, indicating the action taken in the matter. Attempt By State Authorities To Damage System Of Free & Fair Poll Not Conducive To Democratic Functioning: Allahabad High Court Granting police protection to a member of Block Development Committee, who intended to contest the election of Block Pramukh and who was allegedly being prevented by the local district and police administration from filing his nomination papers, the High Court remarked: "Any attempt from any corner including State authorities or district administration to damage the system of the free and fair poll is not conducive to the democratic functioning of the State." The Bench of Justice Devendra Kumar Upadhyaya and Justice Ajai Kumar Srivastava-I also stressed that free and fair elections to democratic institutions of the country is one of the basic features of our Constitution. Matrimonial Cruelty- "Why Police Forcing Woman To Go Back To Husband": Allahabad High Court Seeks SP's Reply The Court called for an explanation from Senior Superintendent of Police, Aligarh, and the Superintendent of Police, Kasganj as to why a woman, harassed by her husband and thrown out of her matrimonial house was being forced by the police to go back to her husband. The Bench of Justice JJ Munir noted: "The petitioner prima facie is a deserted woman, who has nowhere to go and is now facing harassment at the hands of the respondents, including the police to go back to her husband where she may become a victim of matrimonial cruelty, and maybe, face danger to her life." 'Link Of Circumstances Missing' : Allahabad High Court Grants Bail To Security Guard In Ex BSP MLA Murder Case Noting that the case is based on circumstantial evidence and the circumstances are yet to be established during the trial, the High Court granted Bail to a Security guard who has been accused of killing an Ex BSP MLA, Haji Aleem allegedly on the instructions of the son of the deceased. The Bench of Justice Pradeep Kumar Srivastava remarked: "The case against the accused applicant is totally based on the circumstantial evidence that he was sleeping in the same room with the deceased. This fact does not appear to be...

High Courts Weekly Roundup [July 5, 2021 - July 11, 2021]

Shrutika Pandey

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